FILE:  IDFAA

Cf:  IDFA

 

DRUG TESTING PROGRAM FOR ATHLETES

 

 

DEFINITIONS

 

Drug:

Any substance considered illegal by Louisiana Statute or which is controlled by the Food and Drug Administration.

 

Student Athlete:

Any student participating in high school interscholastic athletic programs sponsored by East Feliciana Parish School System, as well as cheerleaders.

 

Sport Season:

Fall, Winter and Spring seasons begin on the first day of practice allowed by the Louisiana High School Athletic Association.  This policy will be in affect 24 hours a day 7 days a week.

 

Calendar Year:

A 12-month period from the date of occurrence.

 

MISSION STATEMENT

 

In keeping with the mission of the East Feliciana Parish School System the role of the drug abuse prevention policy and programs is to build partnership(s) between faculty, administrators, coaches, parents and students in order to reduce alcohol and other drug related barriers to academic athletic and personal development.

 

In this context, the school system's mission is to anticipate, plan for and respond to the needs of a diverse and changing student body by providing services that:

 

•

create supportive environments in which students are empowered to make responsible and healthy lifestyle choices

•

promote non-use behavior

•

communicate realities, misperceptions, and secondary effects alcohol and drug abuse

•

employ strategies that will improve the school environment as well as individual attitudes toward responsible behavior

•

provide policies which emphasize that the use of alcohol and other drugs will not be tolerated

•

provide educational programs

             

This policy will be reviewed by the School Board policy committee as needed.  In addition, the policy will be reviewed periodically for costs and other significant data.

 

DRUG EDUCATION AND TESTING PROGRAM

 

All high school athletic and cheerleading programs shall adhere to the following requirements.  Under the authority of the principal, coaches shall be responsible for the implementation of these requirements.

 

1.

Every sport must have a preseason meeting with parents to cover expectations of the coach and the athlete/cheerleader.  Drug enforcement policy and regulations shall be covered and a drug contract shall be signed by each athlete/cheerleader at this meeting or prior to the beginning of the current sports season.

 

2.

Every athletic and cheerleading program is required to have a minimum of one drug education meeting per season.

 

3.

At the beginning of each season, prior to the first practice, each student athlete/cheerleader shall be administered a Urine Screening Test and lab urinalysis.  The type of initial testing for all students shall be determined by the administration prior to the first test date of the school year.  If a student athlete/cheerleader fails the urine screening test, a second test will be administered the same day.  If a student fails the second test the second urine sample will be sent to a certified lab for confirmation at the expense of the student athlete/cheerleader.  The East Feliciana Parish School System shall pay the cost of the testing.  If the second urine confirmation test or lab test is positive, it shall be considered a violation of the substance use policy.  The record keeping and results of all testing shall be kept in confidence.  The records shall be stored in a locked cabinet and only be accessible to district administration, involved parents or guardians, and the athletic director.  Random testing shall be done throughout the season as determined by the Superintendent or his/her designee.  Such random testing may be either a drug screening or lab urine test.  Individuals shall be randomly selected on a lottery basis and tested.  A student may also be referred for testing by the athletic department or a recommendation of a coach if there is reasonable suspicion of a violation.  If a student athlete/cheerleader fails the urine screening and confirmation or urine testing, he/she shall be subject to the penalties as listed in the Substance Use Section.  The Superintendent or his/her designee shall take reasonable steps to assure the integrity, confidentiality and random nature of the selection process including, but not necessarily limited to, assuring that the names of all participating student athletes/cheerleaders are in the pool, assuring that the person drawing the names has no way of knowingly choosing or failing to choose particular students for the testing, assuring that the identity of students drawn for testing is not known to those involved in the selection process, and assuring direct observation of the selection process by at least two adults.

 

4.

The athletic department, coaches, and cheerleader moderators shall actively participate in the Drug Free Schools Program in conjunction with other drug education programs developed by the athletic department.

 

5.

East Feliciana Parish School System shall refer individuals who have violated the policy to the Drug Free Schools Coordinator for drug education/intervention.

 

6.

Drug education inservice for middle school shall begin with the 1999-2000 school year.  Random selection for drug testing of middle school students shall begin with the 2000-2001 school year.

 

TESTING PROCEDURES FOR STUDENT ATHLETES

 

Consent

 

Each student wishing to participate in any interscholastic athletic or cheerleading program, and the student's custodial parent or guardian, shall consent in writing to drug testing pursuant to the School District's drug testing program.  No student shall be allowed to participate in any interscholastic athletic or cheerleading program without such consent.

 

Student selection

 

All student athletes/cheerleaders shall be drug tested at the beginning of any athletic season and randomly throughout the remainder of the school year.

 

Sample Collection

 

If a urine test is required, the student athlete/cheerleader will be required to supply a sample for either a urine screening or urine lab test.  The student athlete/cheerleader must abide by the rules and regulations of the collector or agency.

 

Prescription Medication

 

Students who are taking prescription medication shall provide a copy of the prescription or a doctor's verification in a sealed envelope to the school official within 48 hours of the drug screening test.  If necessary, that envelope will be forwarded to the testing lab with instructions for the lab to consider the student's use of such medication to assure the accuracy of the result.  Such information provided by the student shall not be disclosed to any other to school official.  Students who refuse to provide school verification and test positive shall be subjected to disciplinary actions specified in this policy.

 

Scope of Tests

 

If a lab urine test is required, the testing lab shall be instructed to test for one or more illegal drugs.  This is also true for a urine screening test.  The Superintendent or his/her designee shall decide from week to week which illegal drugs shall be screened but in no event shall that determination be made after selection of students being tested.  Student athlete/cheerleader samples shall not be screened for the presence of any substances other than an illegal drug or for the existence of any physical condition other than drug intoxication.

 

Limited Access to Results

 

Personnel administering the drug screening or those contracted to perform lab urine tests shall be authorized to report results only to the Superintendent or to such a person as the Superintendent may designate in the event of the Superintendent's absence.  All costs associated with the administration of the initial and random drug screening shall be the sole and exclusive responsibility of the East Feliciana Parish School Board.  However, any evaluation or drug counseling which may be mandated as a result of positive tests shall not, under any circumstances, be the responsibility of the East Feliciana Parish School Board,

 

NO ACADEMIC PENALTY

 

No student athlete/cheerleader shall be penalized academically for testing positive for illegal drugs.  The results of drug tests pursuant to this policy shall not be documented in any student's academic records.  Information regarding the results of drug tests shall not be disclosed to criminal or juvenile authorities absent legal compulsion by valid and binding subpoena or other legal process, which the School District shall not solicit.  In the event of service of any such subpoena or legal process, the student's custodial parent or legal guardian shall be the notified in writing at least 72 hours before response is made by the School District.

 

SUBSTANCE USE VIOLATIONS

 

The following procedures shall be followed upon receipt of a positive result from the drug testing described herein:

 

Self-Referral (cannot be a self-referral on random test day)

 

•

An Administrator/Parent Conference shall be required when a student initiates a self-referral.

 

•

After a self-referral a student athlete/cheerleader shall be ineligible to participate in his/her sport until he/she has enrolled in a drug education program and serves five days without practice, and one suspension from any athletic event.  Failure to enroll and attend the drug education program shall result in the athlete/cheerleader being dropped from the team for the rest of the season and the athlete/cheerleader may not participate in another sport until drug education has started.   When eligible to return, the athlete/cheerleader must have doctor's clearance to be drug free and physically fit to continue practicing.  Any costs incurred shall be the responsibility of the student athlete/cheerleader.

 

•

A minimum mandatory urinalysis every 30 days for the duration of the sports season shall be required at the expense of the student athlete/cheerleader.

 

•

An athlete/cheerleader may self-refer only one time during high school career.

 

Violations

 

An Administrator/Parent Conference shall be required when a student athlete/cheerleader commits a violation­.

 

First Positive - Both the individual who has tested positive and his/her parents/guardians shall be immediately notified.  Before continued participation is permitted in the particular program, the student shall submit to drug evaluation in an effort to determine the necessity of drug counseling and/or other treatment, which if needed, shall be at the student's expense.  The refusal to participate in the recommended treatment after evaluation, or even to the evaluation itself shall constitute disqualification from participation in any interscholastic athletic program for the remainder of the school year.  The student must test negative at the end of a two week counseling/treatment period, and test negative twice at thirty (30) day intervals from the end of the two week counseling treatment before being allowed to resume participation.  Students may, during the two week counseling/treatment period and sixty (60) day screening period, observe any practices, but may not participate in any games or related activities. 

 

If, during the random selection process, a student chosen for testing tests positive, and he/she is not in his/her sports season, the non­-participation clause will go into effect from the date of the first regularly scheduled game of that particular sport. 

 

Second Positive - Any individual who tests positive for a second time during an eight semester period (four years of eligibility) and his/her parent(s) and/or guardian(s) shall be immediately notified.  The athlete/cheerleader participant shall be immediately dismissed from his/her activity and shall be ineligible for participation in any of the school's interscholastic athletics for the remainder of the school year.  There will be a mandatory drug assessment and education program at the expense of the student athlete/ cheerleader.  Duration of the drug assessment and education program shall be determined by the student's participation in the intervention program.  Documentation of participation in the intervention program must be submitted at the start of the next school year to be eligible to participate in any sports or cheerleading program.

 

Third Positive - Any individual who tests positive for a third time during an eight semester period (four years of eligibility) shall be terminated from interscholastic athletics for the remainder of their time in high school in the East Feliciana Parish School System.  Students and their parents are encouraged to seek further intervention and counseling to be incurred at the expense of the student athlete/cheerleader.

 

All tests shall be received and reviewed by only the Superintendent of Schools or his/her designee.  The parent(s) and/or guardian(s) shall be immediately notified by the responsible person.  Such notification shall be confirmed in writing.  Furthermore, the Superintendent, or his/her designee, shall immediately notify the principal of the student's school who will then without delay, notify the student as soon as possible.  Confidentiality of the test results shall be maintained at all times.

 

VERIFIABLE SUBSTANCE USE VIOLATIONS

 

The following is a list of verifiable substance violations by student athletes/cheerleaders.  These are examples of acceptable violations:

 

1.

Any coach personally observes a substance violation

2.

Any district administrator or staff personally observes a substance violation

3.

A police report to the school district outlines a substance violation

4.

A personal confession by a student athlete/cheerleader of substance use

5.

A violation reported by a parent or guardian of a student athlete/cheerleader

6.

A positive urinalysis

7.

A refusal to take either a urine screening test or lab urine test

8.

The possession or selling of any illegal substance or being under the influence

9.

All information given to the administration by a student shall be investigated and may form the basis for probable cause.  No substance abuse violations will be based on hearsay evidence alone.

 

There shall be no excuse relating to possession, including drug residue found in drug paraphernalia.  The school district drug policy as well as the athletic drug policy apply.  Student athletes/cheerleaders shall not be exempt from current school rules and policies as they relate to the selling, possession, and/or use of drugs and alcohol during school hours or while participating in school related activities.

 

APPEALS PROCESS

 

All violations may be appealed to the drug advisory committee.  This committee will be made up of one administrator, one counselor, one teacher, one community member and the parish athletic supervisor.  The parish athletic supervisor will be the chairman of the drug advisory committee.  The Superintendent or designee shall determine the membership of the committee on an annual basis.

 

Re-Adopted:  November 2, 1999

 

 

Ref:    La. Rev. Stat. Ann. §§17:81, 40:961, 49:1111

Vernonia School District 47J v. Acton, 515 U.S. 646 (1995)

Official Handbook, Louisiana High School Athletic Association

Board minutes, 7-6-99, 11-2-99

 

East Feliciana Parish School Board